Expanded powers for members of the public to detain or restrain someone committing a criminal offence creates an interesting new challenge for organisational health and safety, says the Institute of Directors.
It says boards should ensure their organisations are up to speed on the law changes. They should also refresh their understanding of organisational health and safety procedures and policies and consider if any new reporting requirements should be asked of management in light of the changes, says Susan Cuthbert, principal adviser at the institute.
“The Crimes Amendment Act 2026 aims to help reduce crime, particularly retail crime. It allows for people to be detained or restrained for committing minor crimes,” she says in a statement.
“The first question for organisations is whether it is safe and desirable for staff to exercise this power. Physical confrontation always comes with risk – in this case, risk that may not have been factored into workplace policies before. Boards will also want assurance that staff are appropriately trained and prepared for situations that may escalate.”
Cuthbert says boards should also consider the implications for the safety of customers and visitors.
“What happens if a customer restrains another customer…
“Organisations have health and safety responsibilities towards people who are on their premises. What happens if a customer restrains another customer? What approach are your staff expected to take and how can you ensure the safety of everyone in such circumstances?
“In reality, many organisations may find their existing health and safety guidance remains appropriate because the new rules will not affect every sector equally.
“However, this is a valuable opportunity for boards to refresh their understanding of their organisation’s current approach ahead of further changes to health and safety law in April 2027,” she says.
The institute notes that Directors have a due diligence duty under the Health and Safety at Work Act to ensure their organisation is meeting its health and safety obligations. Failure to meet that duty can result in personal liability.
The IoD says it supports its members with guidance, articles and training on health and safety. Click here for more information.
Story image: Photo by Nathália Rosa on Unsplash
